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The common law rule regarding the presumption of death provides where there is no acceptable affirmative evidence that a person was alive at some time during a continuous period of seven years or more. However in Manitoba’s Presumption of Death Act, there is nothing in the statute specifying that a person must be missing or absent for a specified period of time before an applicant can seek an order declaring the missing person to be presumed dead.

Manitoba’s Act specifies that, in the case of an order declaring someone presumed dead for all purposes, the court will not make this order unless the applicant has first published an advertisement in a general circulation newspaper for the area in which the missing person was last known to reside, stating that an application has been made to the court to declare that person presumed dead. No time limit for the running of the advertisement is provided by the Act.

The court may make an order declaring that the person shall be presumed to be dead for all purposes, or for such purposes only as are specified in the order.

Once the order has been made, the order, or a certified copy of the order, constitutes proof of death for the purposes for which the order has been made, except in the case of life insurance policy, in which case the rules regarding presumption of death found in Part V of the in the Insurance Act apply.

APPENDIX A – MANITOBA’S PRESUMPTION OF DEATH ACT / The Presumption of Death Act, C.C.S.M. P120

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definition

1. In this Act “court” means the Court of Queen’s Bench.

Order for presumption of death

2(1) Upon application if the court is satisfied that

(a) a person has been absent and not heard of or from by the applicant, or to the knowledge of the applicant by any other person, since a day named;

(b) the applicant has no reason to believe that the person is living; and

(c) reasonable grounds exist for supposing that the person is dead;

the court may make an order declaring that the person shall be presumed to be dead for all purposes, or for such purposes only as are specified in the order.

Date of presumed death

2(2) The order shall state the date on which the person is presumed to have died or the date after which the person is presumed not to be living.

Notice of application

2(3) An order shall not be made under this Act unless:

(a) in the case of an order declaring that a person shall be presumed dead for all purposes, notice of the application has been given by publication of an advertisement in a newspaper having general circulation in the area in which the person was last known to reside, and in such other manner and to such persons as the court to which the application is made may direct; and

(b) in the case of any other order, notice of the application has been given in such manner and to such persons as the court to which the application is made may direct.

Certified copy of order as evidence

3(1) Subject to subsection (2), an order, or a certified copy thereof, declaring that a person is presumed dead for all purposes is proof of death in all matters requiring proof of death; and, subject to subsection

(2), an order, or a certified copy thereof, declaring that a person is presumed dead for the purposes specified in the order is proof of death in all matters requiring proof of death which relate to those purposes.

Exception for life insurance

3(2) An order made under this Act is not proof, for the purpose of a policy of insurance to which Part V of The Insurance Act applies, of the death of the person whose life is insured under the policy of insurance.

I wonder, are the police able to scan all drivers licenses in Manitoba to see if there is a resemblance? Is there some technology that can do this? I can't believe no one is able to identify the person from these sketches.

I'm also somewhat suspicious that this person who has been giving the police "bits and pieces" of info is faking it to throw them off. I think it's a possibility, but I guess the police believe it checks out as credible. Or is it all they have to go on, so just in case it's true, they put it out there?

After Thelma Krull is legally declared deceased, survivor benefits under the Canada Pension Plan will be available to the estate and to survivors of the deceased. There are three kinds of survivor benefits: • surviving spouse’s pension; • orphans’ benefits and • death benefits. The spouse’s pension is paid on a monthly basis. The amount of the pension depends on the amount the deceased contributed to the plan.

Today I picked up a copy of the Winnipeg Metro newspaper to see if the missing ad for Thelma was still there. It wasn't.
Shortly after Thelma disappeared, a daily ad appeared in the bottom corner of a page to remind us that she was still missing but it looks like it was removed after she was legally declared dead by the Court of Queen's Bench.

Today I picked up a copy of the Winnipeg Metro newspaper to see if the missing ad for Thelma was still there. It wasn't.
Shortly after Thelma disappeared, a daily ad appeared in the bottom corner of a page to remind us that she was still missing but it looks like it was removed after she was legally declared dead by the Court of Queen's Bench.

BBM

Yet Thelma is still missing .....

Never attribute to malice that which is adequately explained by stupidity ~ Hanlon's Razor

Thelma Krull was last seen on July 11, 2015 in the East Kildonan area. Investigators believe the following are likely circumstances surrounding her disappearance:

-Investigators believe that Thelma Krull was the victim of a crime.
- Investigators believe that on July 11, 2015, shortly after she arrived at Civic Park at approx 8:00 a.m. she was involved in a physical altercation with a male and was forcibly removed from the area.

- Investigators further believe Thelma was observed with this male in the area of Kimberly Ave. and Grey St. and that she appeared to be in distress.

On July 11, 2015 this male would have had access to a residence in the immediate vicinity of Civic Park and specifically the area near Kimberly Ave. and Grey St. where he was last seen with Thelma KRULL. This male may have been living in the area.

The suspect is described as:
- Indigenous male in his forties,
- 5’6” – 5’8” in height
- Heavy build, weighing approximately 270 lbs. with a large stomach and a chubby face.
- Dark hair with a bowl-style cut going straight across the forehead, or possibly wearing a dark coloured skull-cap or beanie on his head.

BBM

I live in the North Kildonan area and do business and visit the East Kildonan area regularly. I find it odd that these sketches have not been plastered all over. I have not seen a single one around apart from what was released on TV and on FB pages. Has any other Winnipegger seen even one of these sketches around, or posted, in public? I have not. Is this not very odd?

I have not forgotten Thelma Krull or this case. In thinking through the last scenario the Winnipeg police have painted... Thelma walked to Civic Park where there was an altercation. Lots of yellow flag evidence markers were on top of the fairly steep, grassy Kimberly hill. Can I envision this 270 lb Aboriginal man with the beer belly climbing that hill or chasing Thelma up there on a very hot, humid morning? Definitely not! Thelma was in excellent shape training for a very long hike in challenging terrain in BC. By all reports, the man was no athlete. Why the markers on the hill?

The other mystery here is why no one else has come forward about a commotion around townhouses on Kimberley and Grey. I live on the third floor of an apartment, and I can hear lots up here, especially on a quiet Sat. morning. In fact, I have heard things from a parallel street over, houses in between. My conclusion is some of this so-called evidence which was apparently given to police bit-by-bit, in pieces, and released only around the time of Thelmas disappearance, seems sketchy to me. If it was verified by people who live around there, I think police should tell us.

Is part of the problem here that the suspect is Aboriginal? Is it not politically correct to post these sketches on reservations across Manitoba, Sask and the Kenora region, northern communities included? Has anyone seen these sketches there? Have any band chiefs been interested in helping with this investigation? The family does have a connection with Aboriginals through one of Thelmas very close family members. Why is this not mentioned? Do the police think the altercation was random? or was Thelma targeted? So many questions, yet police do not take questions on this case, and the media has not done any investigaton that I know of. All they've done is report what very little the police tells them. Sad! I feel we have failed Thelma. I really do.

Chances are this suspect has a record and is in the police data base/prison system. How many bad guys go from no criminal history/convictions or police record to murder? Very puzzling case.

Sorry to hear these latest details about Thelma's abduction, I hope she didn't suffer for long.

I wonder if there's something else going on in the investigation that police are keeping back. For eg one scenario that occurs to me is, they have someone in jail who started talking about Thelma's abduction, perhaps trying to negotiate a deal: that would explain the delay in reporting and the trickle of info. The source is pinning it on this suspect but maybe that's not entirely the truth. Police are obliged to go through the motions of publizing the sketch.

People probably don't snitch on each other in indigenous communities, but this guy really stands out. And I really have to question what would have been the motive.

I believe there is a suspect in the case... a man who resembles the sketches. I can't come out and say who on this forum. The police know about him, and he has been in jail for violent assaults before. His name is out there online, as are side-by-side comparisons of this man's appearance and the sketch.